General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsHunter appeals failed motion to dismiss charges to 9th Circuit
A lawyer for Rep. Duncan D. Hunter filed notice on Friday that the Republican congressman from Alpine is appealing a judges ruling last week refusing to dismiss the criminal case against him.
In a one-page document, San Diego attorney Devin Burstein informed the U.S. District Court in San Diego that it will challenge Judge Thomas J. Whelans decision rejecting Hunters motion to throw out the 60-count indictment under a section of the U.S. Constitution known as the speech or debate clause.
There is no legal argument or other narrative included in the filing.
The Constitutions speech or debate clause is designed to protect legislators from executive or judicial intrusions, according to the Congressional Research Service, the U.S. Government office that provides legal analysis to federal lawmakers.
https://www.sandiegouniontribune.com/news/watchdog/story/2019-07-19/hunter-appeals-failed-motion-to-dismiss-charges-to-9th-circuit
Hermit-The-Prog
(36,631 posts)Article 1, Section 6 (in part):
The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.
https://www.law.cornell.edu/constitution/articlei#section6
He didn't commit campaign finance fraud "during [] attendence" of a session of the House, nor is he charged with 60 counts of "speech or debate" in the House. He's charged with using a quarter million dollars for personal matters like extramarital affairs.
Zorro
(18,434 posts)He's fucked and he knows he's in deep shit. Won't stop him from continuing to being the colossal asshole that he is.
